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Personal Injury Law Firm Burns & Jain Injury Blog

We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.

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Distracted Drivers or Middle Aged Motorcyclists; Who is the Problem in Massachusetts?

According to a new study by researchers at the University of Michigan, motorcyclists have a higher death rate than distracted drivers.

Avoiding Massachusetts Motor Vehicle Accidents on Superbowl Sunday

We all know Tom Brady won’t be playing. Bill Belichick will be safely back from Hawaii, working on the Patriots’ NFL draft. But many Massachusetts football fans will want to go out to watch the game. We implore you all to be careful driving in Massachusetts after the game.

Massachusetts Roofs Cause Injuries and Property Damage

Massachusetts roofs are in danger, though perhaps only a very small percentage of them. Ice dams can result in water damage to homes. Boston personal injury lawyer Neil Burns notes that experts say it may be safer to not attempt roof work in this weather. The most attention should be paid to flat roofs in Massachusetts commercial buildings rather than homes. Some of those flat roofs do not drain properly. The Massachusetts Executive Office of Public Safety and Security (EOPSS) provides a host of safety tips for residents. The following are ways to prevent injury and property damage:

Boston Snow and Ice Attorney Offers Winter Advice

The news around town this week focuses on winter storms, roof collapses and snow. And more snow. Keeping safe in winter involves a multiplicity of venues. First, driving:

Massachusetts Drivers Beware of Prescription Medication

In a French study published in PLOS Medicine, of 72,685 drivers involved in serious motor vehicle accidents, 27% had taken at least one prescribed medicine the day of the crash. Drivers that had taken more serious drugs, including antihypertensives, diabetes drugs, opioids and antidepressants were at a higher risk of being responsible for a motor vehicle crash than drivers taking less serious prescription drugs. The Wall Street Journal pointed out that the study did not take into account non-compliance in prescriptions; folks that were supposed to be taking the medication, but were not. Nevertheless, the study is instructive to Massachusetts drivers.

Injury Victims in Massachusetts Should See the Movie “Hot Coffee”

The McDonald’s scalding coffee case received lots of media attention a few years ago, but what Massachusetts injury victims should know is that a lot of the “news” was false and misleading. In the movie Hot Coffee, filmmaker Susan Saladoff “investigates the civil justice system” pointing out how “[b]ig business has brewed an insidious concoction of manipulation and lies to protect its interests, and media lapdogs have stirred the cup.” Massachusetts jury trials results reflect that trend. In a blog article we posted on June 21, 2010, we pointed out that “half of the counties had zero plaintiff verdicts in 2009.” Further, one judge, who calculated some statistics of his own, found that only 16 of 151 personal injury trials resulted in a jury verdict higher than the pre-trial offer.

Boston Car Accident Lawyer Ponders Distracted Pedestrian Law

Massachusetts banned texting while driving and teenagers using cellphones while driving. However, is it time to consider banning using iPods while walking? The number of deaths among pedestrians in Massachusetts is up from 14 in the first six months of 2009 to 25 in 2010 for that period. The distracted pedestrian is the target of lawmakers in several states, who are considering laws aimed at distracted pedestrians. The reason? An 0.4% increase, nationally, in pedestrian deaths. When a pedestrian is injured by a motor vehicle, was his electronic distraction a factor? You can bet the insurance defense attorney will use that information.

Massachusetts Car Accident Attorney Fee Agreements to Change

The news from the Massachusetts Supreme Judicial Court is that car accident lawyers and other Massachusetts personal injury lawyers must use a new form for the contingent fee agreement, effective March 15, 2011. The focus of the new format is on full disclosure of out of pocket fees on contingent fees cases. The changes to Massachusetts Rule of Professional Conduct,1.5 was proposed by an SJC advisory committee, with input from the various bar associations.

Massachusetts Victims of Law Suit Lenders

Massachusetts plaintiffs need to beware that borrowing money during their personal injury lawsuits can be detrimental to their pocketbooks. Victims of Massachusetts personal injury cases need also to know if and when their lawyers borrow monies to pay for experts. The lending to plaintiff industry is generally unregulated and there are reports of interest rates up to 100%! The New York Times and Center for Public Integrity undertook a study informing that interest rates on these loans generally exceed 15% and that there are approximately $1 billion of outstanding lawsuit loans at the time!

Massachusetts Motor Vehicle Death Statistics

The National Highway Traffic Safety Administration data, for 2009 (the last year with full data), indicates that the number of total motor vehicle deaths in Massachusetts was 334. Of those, 280 people were occupants; 54% of the occupants’ deaths were in car accidents, 23% in “light trucks” and 19% were deaths to motorcycle passengers. The highest number by county was 66 in Middlesex County, 42 in Worcester County, 37 in Bristol County, 33 in both Norfolk and Essex County, 25 in Plymouth County, and 21 in Suffolk County.